Order and Discipline in China: The Shanghai Mixed Court 1911-1927University of Washington Press, 2016 M06 1 - 176 páginas China’s traditional system of dispute resolution and maintenance of order in society has been treated by Western scholars as legal history, but because the Chinese system is radically different from European systems in its conceptual structure and therefore does not fit into the familiar categories and models of Western law and jurisprudence, such treatment has been inadequate and often misleading. In Order and Discipline in China, Thomas B. Stephens provides a new approach, methodology, and theoretical framework for the interpretation of traditional Chinese “law.” |
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... Chinese and Western systems for the maintenance of order in society and for dispute resolution . As Stephens sees it , the West depends largely on a legal system for these functions , whereas China has no such things , in our sense , as ...
... system as it is , that is , as a simple disciplinary system , lacking law , courts , or adjudication . Rather , several generations of for- eign scholars of Chinese " law " have tended , uncritically , to " translate backward " into the ...
... Chinese system is different indeed . Therefore , the Chinese system must have its own language . As Stephens would say , it needs the language of a " disciplinary system . " Terminology from a " legal system " will only confuse by ...
... system of dispute resolution and the maintenance of social order upon the principles of disciplinary theory rather than of jurisprudence or legal theory . For convenience and for the better under- standing of the Chinese system , I have ...
... China Herald law reports , offer Chi- nese names in a variety of strange forms often corresponding to no known system of Romanization . Chinese characters for the names are seldom given . In such cases accurate transliteration into ...
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Order and Discipline in China: The Shanghai Mixed Court 1911-1927 Thomas B. Stephens Vista previa limitada - 2016 |
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China s Death Penalty: History, Law and Contemporary Practices Hong Lu,Terance D. Miethe Sin vista previa disponible - 2007 |